Gun group challenges license law

By ERIN P. BILLINGS Missoulian State Bureau

Montana Shooting Sports Association said it's trying to overturn portions of the law, which took effect July 1, because it infringes on Montana's constitutional right of privacy, unfairly subjects sportsmen to identity theft, and violates the state-federal compact giving Montana authority over its wildlife

HELENA - A Missoula-based gun organization announced Monday that it is launching a ballot initiative to repeal parts of a 1999 law requiring applicants of state hunting, fishing or trapping licenses to furnish their Social Security numbers.

The Montana Shooting Sports Association said it's trying to overturn portions of the law, which took effect July 1, because it infringes on Montana's constitutional right of privacy, unfairly subjects sportsmen to identity theft, and violates the state-federal compact giving Montana authority over its wildlife. The organization, which declines to disclose its membership numbers, has submitted a draft of the initiative to the state and is awaiting approval to begin gathering signatures to qualify it for November's ballot.

"There are lots and lots of angry hunters out there who don't think they should have to be giving up their Social Security numbers to get hunting licenses," said Gary Marbut of Missoula, president of the association. "They feel it's a clear invasion of privacy."

Marbut said identity theft hasn't yet become a problem in Montana. However, he said, it is a growing national issue that has ruined many people's lives.

"There's no reason we should add to it by requiring everyone to cough up their Social Security number," he said.

After the ballot petition language is approved by the state, supporters of the initiative will have to solicit the signatures of 19,862 registered Montana voters. At least 5 percent of those signatures must come from 34 or more of the state's 100 legislative districts.

At issue is Senate Bill 76, by Sen. Tom Beck, R-Deer Lodge, and requested by the Montana Department of Public Health and Human Services, to help crack down on parents who are delinquent on child support payments. The measure, required by federal law, provides that Social Security numbers be provided on driver's license applications and on forms for recreational licenses to help the state find people who aren't paying child support.

Mary Ann Wellbank, administrator of the state Child Support Enforcement Division, said SB76 was mandated by the federal government. If the state rejects that obligation, she said it would jeopardize about $116 million in federal child support enforcement money during the next two years.

Montana's only alternatives to enforcing the law, she said, are the federal government revoking the requirement or making it optional for states. She didn't know if the Public Health and Human Services Department would take a formal position on the initiative.

"Maybe there's something we can do, but as long as this requirement is at the national level, Montana risks loss of these funds," she said. "I want to assure the public that the reason for the Social Security numbers is for child support purposes and it is maintained confidential. It has no other purpose than that."

Because the measure recently took effect, Wellbank said, the state doesn't have firm numbers on how many delinquent parents have been tracked down as a result. She said the law serves as "one more arrow in our quiver to be able to firmly identify people."

However, Marbut said, any talk about losing the money or possible arguments that children are crying and starving in the streets is "hyperbole," because his organization is only seeking to repeal a small portion of the federal requirements, which applied to many state-issued licenses. He added that Montana was strong-armed into accepting the requirement by threatening to pull the $116 million.

"We were bullied into it," he said.

Because the initiative has just been proposed, Marbut couldn't say how many other groups might get involved in the drive. However, he expects other local and regional sportsmen's organizations to support it.

"I'm sure will get a minor avalanche of interest," said Marbut.

Diane Tipton, spokeswoman for the Montana Department of Fish, Wildlife and Parks, said that agency has received 19 calls and 10 letters from people concerned about the new Social Security number requirement. Most, however, simply were questioning why they need to provide such information, she said.

"There's definitely a group of folks concerned about it, but the majority of license sales seem to be going along," she said.

FWP has been working since January to educate Montanans about the change as well as other license changes. New recreational license sales began March 1.